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Nasdaq board diversity rules vacated

NASDAQ sign
Photo: Alan Schein Photography

In a narrowly-obtained decision, the Fifth Circuit determined that approving the rule exceeded the SEC’s power.

In 2022, the SEC approved Nasdaq rules mandating diversity reports. Under those rules, Nasdaq-listed companies were required to retain at least one woman-identified and minority or LGBT+ director, and file yearly director diversity reports.

The diversity requirement was set to increase to two diverse directors by December 31, 2025. If aupheld by